Establishes aggravated identity theft, when a defendant “knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person” during and in relation to any felony violation of certain enumerated federal offenses.

This act amends 18 U.S.C. § 3663(b) to make it clear that restitution orders for identity theft cases may include an amount equal to the value of the victim’s time spent re-mediating the actual or intended harm of the identity theft or aggravated identity theft. The new law also allows federal courts to prosecute when the criminal and the victim live in the same state. Under previous law, federal courts only had jurisdiction if the thief uses interstate communication to access the victim’s personally identifiable information.

A consumer-rights law whose primary purpose is to reduce the risk of identity theft through regulation of how consumer account information is handled. This Act, amending the Fair Credit Reporting Act (FCRA), adds provisions designed to improve the accuracy of consumers’ credit-related records.

Prohibits debt collectors from using abusive, unfair, or deceptive practices in attempting to collect on a debt owed. Defines consumer rights such as seeking validation of a debt, disputing a debt, and harassment.

Defines fraud and related activity in connection with access devices (any card, account number, personal identification number, or other means of account access that can be used) to to obtain money, goods, services, or any other thing of value, or that can be used to initiate a transfer of funds (other than a transfer originated solely by paper instrument).

Prohibits any individual from defrauding, attempting to defraud, or obtain money or property under fraudulent pretenses via the transmission of wire, radio, or television communication. The crime is broken down into four essential elements:

(1) that the defendant voluntarily and intentionally devised or participated in a scheme to defraud another out of money;

(2) that the defendant did so with the intent to defraud;

(3) that it was reasonably foreseeable that interstate wire communications would be used; and

This act includes a Financial Privacy Rule, which requires financial institutions to provide consumers with a privacy notice when the consumer relationship is established and annually thereafter. The privacy notice must explain what information the institution collects about the consumer, where that information is shared, how it is used, and how that information is protected. The notice must also identify the consumer’s right to opt out of the information being shared with unaffiliated parties and notify him or her if the privacy policy changes.

This privacy rule regulates the security and confidentiality of patient information. The U.S. Department of Health and Human Services published a final Security Rule in February 2003, which sets national standards for protecting the confidentiality, integrity, and availability of electronic protected health information.

STATE LAWS

Identity theft laws and laws regarding consumer protection vary from state to state. It is important for service providers, advocates, and professionals to be aware of the laws in their state that may impact the victims or clientele they are assisting.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Relating to breaches of security involving personal information, credit report and credit score, security freezes, protection of social security numbers, care of records, disposal of records, identity theft, credit cards, and debit cards, disclosure of the names and addresses of permanent fund dividend applicants, and to the jurisdiction of the office of administrative hearings.

Alaska Personal Information Protection Act – Covers a number of protections for personal information, including: data breach notification, the placing of a security freeze on consumer credit report, restrictions on the use of personal information, the disposal of records containing personal information, allowing for a factual declaration of innocence, and truncation of card information.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Arkansas

Identity Theft Laws

Law

What it Addresses

§ 5-37-227

Defines what is considered financial identity fraud and the penalties for committing this crime, not just against consumers but also against the elderly and disabled. Also addresses the victim’s right to restitution. Amended to include unlawful possession of a skimmer.

Personal Information Protection Act – to encourage individuals, businesses, and state agencies that acquire, own, or license personal information about the citizens of the State of Arkansas to provide reasonable security for the information.

Also covers the destruction of documents when no longer necessary and the disclosure of security breaches.

Requires that a law enforcement agency take a report from an individual claiming to be a victim of financial identity theft and give that person a copy of the report.

§ 4-112-101

AR Consumer Report Security Freeze Act

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

The right to stop debt collection actions related to a debt resulting from identity theft. Before resuming collection, the collector must make a good faith determination that the evidence does not establish that the consumer is not responsible for the debt.

The right to bring an action or assert defense against anyone claiming a right to money or property in connection with a transaction resulting from identity theft. Criminal identity theft victims have additional rights.

Criminal identity theft victims have the right to an expedited proceeding in Superior Court for getting a judge’s order finding that an individual is factually innocent. The judge may order the deletion, sealing, or labeling of records.

Covers the selling of debts and the rights of a consumer if they do or do not receive notice of judgement for a debt.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Online what individuals and companies are responsible for in the event of an information breach.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Law regarding information breaches and how an entity is to proceed in investigating, mitigating, informing potential victims and dispensing restitution if need be.

Click here to view the Elder Justice Financial Exploitation Statutes for this district, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Law outlining applying for a security freeze on a consumer’s credit report and the possible fees.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Regarding the breach of PII and the responsibilities of the entity that was breached.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Regarding the breach of personal identifying information and the responsibilities of the entity that was breached.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Laws outlining the proper procedure for handling and mitigating an information breach. Proper destruction of records.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Law outlining the proper procedure for handling and mitigating an information breach.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Laws outlining the proper procedure for handling and mitigating an information breach. Proper destruction of records

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Laws outlining identity theft in MI, the jurisdiction identity theft can be prosecuted in and the penalties after prosecution. Defines phishing and how it is prosecuted. Law enforcement is required to take any report of identity theft. Victims are entitled to free copies of court documents relating to their case upon written request.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Consumers cannot be denied credit based solely on the fact that they are a victim of identity theft as long as they have and have filed and produced a law enforcement report.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Law enforcement officers are required to take any report of identity theft and provide a copy of the report to the complainant at no charge.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Law enforcement officers are required to take any report of identity theft and provide a copy of the report to the complainant at no charge.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Law regarding a victim’s right to restitution or a civil suit against the thief.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Consumer Protection Code covers the following: Disposal of documents, security breaches and public display of PII, law enforcement must take a consumer’s report of identity theft, court records must reflect the innocence of an identity theft victim in the case of criminal identity theft and law regarding the application and terms for a credit freeze.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

How consumers can apply for a credit freeze and how it affects their credit reports.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

A victim cannot be discriminated against obtaining a credit card solely on the fact that they are a victim of identity theft. Creditors cannot continue to peruse a victim of identity theft for payment after being notified and receiving a police report.

Court order to be declared a victim of identity theft due to fraudulent criminal charges. Law enforcement is required to notify a victim of criminal identity theft if that person’s information is given. They are also required to inform the Texas Department of Criminal Justice if a thief is using a known victim’s identity.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

“In any case in which a person commits identify fraud and uses the personal identifying information obtained to commit a crime in addition to the identity fraud, the court shall make appropriate findings in any prosecution of such a crime that the person whose identity was falsely used to commit the crime did not commit the crime.”

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Executor of deceased estate or other authorized individual may request that the CRAs indicate that a person is deceased on their credit reports.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Collection agencies cannot continue to try to collect from identity theft victims after they have received notice of the identity theft.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Unlawful obtaining, forging payment cards. Using a scanning device to gain PII or financial information for the purposes of fraud

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

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Disclaimer

This website was produced by the Identity Theft Resource Center, under award # 2016-XV-GX-K004, awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this document are those of the contributors and do not necessarily represent the official position or policies of the U.S. Department of Justice.